The RTP AITP provides leadership, education, collaboration, networking, and professional development opportunities to IT professionals in the Research Triangle Park area. The organization hosts monthly meetings for its members, each with a panel discussion. Past panel topics include CXO Perspective on IT and Big Data.

The meeting will be held in the University Club in Raleigh on Thursday November 14th from 5:30 PM to 8:30 PM.

Reservations can be made online on the RTP AITP website by Monday, November 11th. The meeting is free for members, but guests are welcome to attend. The guest meeting fee is $30. For additional information or questions call (919) 389 1178.

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Thu, 07 Nov 2013 09:55:26 -0500http://www.whit-law.com/resources/randy-whitmeyer-scheduled-panelist-for-upcoming-rtp-aitp-meetingHiFiMusacchia recognized by the Women’s Forum of North Carolinahttp://www.whit-law.com/resources/musacchia-recognized-by-the-womens-forum-of-north-carolina
Mary Musacchia, Of Counsel to Whitmeyer Tuffin, PLLC, will be recognized by the Women’s Forum of North Carolina on Friday, November 15th at the Women of Distinction reception at the Mahler Gallery in Raleigh, NC.

The Women’s Forum of North Carolina provides women of proven influence and high personal achievement opportunities for strengthening personal development through exchange of information, expertise, ideas and experience, as well as a strong support network.

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Wed, 30 Oct 2013 16:01:02 -0400http://www.whit-law.com/resources/musacchia-recognized-by-the-womens-forum-of-north-carolinaHiFiRandy Whitmeyer gives MSP Contracts Speech at OPDA Conferencehttp://www.whit-law.com/resources/msp-contracts-speech-at-opda-conference
Randy Whitmeyer, founding partner at Whitmeyer Tuffin PLLC, spoke recently on Managed Service Providers contracts at the Office Product Dealers AssociationSpring 2013 meeting. The OPDA is a peer group of companies from around the country providing MSP and IT services. The Spring conference took place over five days (April 24 - April 28) in Delray Beach, Florida.

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Wed, 01 May 2013 16:38:32 -0400http://www.whit-law.com/resources/msp-contracts-speech-at-opda-conferenceHiFiRecent Cloud Services Seminarhttp://www.whit-law.com/resources/recent-cloud-services-seminar
On April 11th, Whitmeyer Tuffin and Brightleaf Consulting Group hosted a breakfast seminar on cloud services in Durham, NC. The panel of speakers included Ray Carey of NeoNova Network Services, Sam Bayer of b2b2dot0, Tony Pompliano of AJP Group LLC, Robert Ross of Brightleaf Consulting Group, and Randy Whitmeyer of Whitmeyer Tuffin. The discussion provided a general introduction to cloud computing models. Individuals attending the seminar also learned about effective use of the cloud, cloud revenue models, and attracting and retaining cloud service clients.

The publication focuses on the importance of Managed Service Provider contracts, as well as key strategies and fundamental contract requirements that help put an MSP business on solid legal footing. It is featured on the Nimsoft website as a part of the MSP Playbook, a collection of sample contracts, templates and guides for Managed Service Providers.

The award recognizes second-stage entrepreneurs and their companies that demonstrate high performance in the marketplace, exhibit innovative products, and foster a dynamic workplace culture. Collectively, the 25 award recipients added 937 jobs and totaled $191 million in revenue over the past four years.

The companies were selected from an initial pool of more than 200 nominees from across North Carolina. All award recipients will be honored in an awardsdinneropentothepublic on June 7, 2012 at the Raleigh Marriott City Center in Raleigh, NC.

Advanced Liquid Logic, located in RTP, develops workflow solutions for unmet challenges in laboratories and clinics. Raleigh-based d-Wise Technologies provides business solutions for the Life Sciences & Healthcare industries.

RaleighlawfirmWhitmeyerTuffin, which proudly represents both companies, is focused on meeting the business and intellectual property needs of emerging companies, including second-stage and entrepreneurial businesses.

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Mon, 14 May 2012 11:49:12 -0400http://www.whit-law.com/resources/whitmeyer-tuffin-clients-ced-2012-north-carolina-companies-to-watchHiFiAmalie Tuffin contributes to Middle Market Mergers & Acquisitions handbookhttp://www.whit-law.com/resources/amalie-tuffin-contributes-to-middle-market-mergers-acquisitions-handbook
Whitmeyer Tuffin PLLC founding partner Amalie Tuffin joined several other M&A advisors in contributing to the book "Middle Market M&A: Handbook for Investment Banking and Business Consulting," released in February.

Middle Markets M&A, available for purchase on Amazon.com, serves as a guide and reference for mergers and acquisitions, divestitures and strategic transactions of companies with revenues from $5 million to $500 million. The book was published by Wiley Finance.

Attorneys at Whitmeyer Tuffin, a Raleigh, NC business and technology law firm, often serve as legal advisors with respect to M&A transactions, with a total transaction value of over $175 million since the firm was founded in early 2011. The firm also provides practical solutions to contract, corporate and tax related legal issues that affect technology companies and other middle market businesses.

Tuffin, acknowledged as a Reviewer of the handbook, regularly contributes content to publications discussing legal matters faced by emerging companies and entrepreneurs.

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Wed, 09 May 2012 10:39:10 -0400http://www.whit-law.com/resources/amalie-tuffin-contributes-to-middle-market-mergers-acquisitions-handbookHiFiAttorney Anna Tharrington to serve as a judge for NCSU Lulu eGameshttp://www.whit-law.com/resources/tharrington-to-judge-ncsu-lulu-egames
Anna Tharrington, an attorney at the technology law firm Whitmeyer Tuffin PLLC, has been asked to serve on the panel of judges for the Design and Prototype Challenge portion of this year’s NCSU eGames.

The NC State Entrepreneurship Initiative, in partnership with LuLu, hosts the annual eGames competition for NCSU graduate and undergraduate students to showcase their ingenuity by creatively solving real world challenges.

In the Design and Prototype Challenge, students working in teams or individually present a working prototype or product concept design for a potential new product. These products can range from high-tech creations to simple solutions for everyday problems.

Tharrington was asked to participate in this particular challenge because of her experience working with technology startups and other entrepreneurial businesses.

Several other Raleigh-area startup and economic development professionals will serve with Tharrington on the panel, which is set to judge the product designs of 14 teams in the final round of competition on April 30th, 2012. The winning team will be awarded $5,000 in prize money.
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Thu, 12 Apr 2012 17:32:27 -0400http://www.whit-law.com/resources/tharrington-to-judge-ncsu-lulu-egamesHiFiManaged Service Provider (MSP) Contract Issueshttp://www.whit-law.com/resources/managed-service-provider-contract
As more and more IT service providers, such as systems integrators and value added resellers, take steps to transition from “hourly-based” project and reactionary services to recurring, “fixed fee” proactive managed services, it is imperative that they adopt a clear and concise Managed Services (MSP)servicescontract. A carefully thought out and constructed contract can provide the MSP with both marketing benefits and legal protections.

Sophisticated customers will recognize the value of a well drafted and reasonable contract. In addition, potential IT service provider acquirers will scrutinize contracts carefully, and strong MSP contracts can enhance the value of the MSP at acquisition, ease the post-merger transition process, and provide for consistent delivery of services to your customers.

The top considerations for Managed Services Provider customer contracts are:

Term of service and termination rightsIn most cases, the MSP should include specific contract language that commits the customer to a one or multi-year term without early rights to termination, especially when the MSP makes substantial financial or service investments at the beginning of the relationship. The MSP will also need appropriate opportunities to cure any alleged breach of the contract before the customer can terminate the contract.

Clear metrics for determining the service feesMSP’s can offer pricing models based on many different metrics (such as number of servers, number of end user devices, number of users, etc.). Ultimately, the contract must be clear in describing the agreed pricing terms and metrics, to avoid misunderstandings and potentially disputes over which services are “in scope” and fees due for services.

Intellectual property rightsAll highly successful MSP’s are unique in several aspects of their business. Including appropriate provisions in the MSP contract is one of several steps that the MSP can take to protectintellectualproperty.

Service Level Agreements (SLA’s)Many customers will expect MSP’s to implement tightly-defined service level agreements with procedures for remediation in case of failure to attain the SLA.

Privacy and ConfidentialityIn light of increasing regulation of privacy and security of personal information, especially in regulated fields such as health care and financial services, the MSP contract needs to establish clear boundaries and responsibilities for system access and security.

Limitations of LiabilityThe MSP contract will usually limit the MSP’s liability to the fees paid for services over a given time period, as well as exclude the ability for the customer to recover lost profits or other more speculative damages.

AssignmentThe MSP contract should in most cases explicitly allow each party to assign their rights under the contract if they sell their company. If an MSP tries to sell its company without these rights in its customer contracts or with restrictions on its ability to assign the contract, the value of the MSP may be significantly diminished.

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Wed, 04 Apr 2012 09:52:48 -0400http://www.whit-law.com/resources/managed-service-provider-contractHiFiBenefits of a Board Evaluation for Corporate Organizationshttp://www.whit-law.com/resources/benefits-of-board-evaluation-for-corporate-organizations
Best practices in corporate governance are essential to building a strong board of directors for any business or organization, including startupsandmid-sizedtechnologycompanies. In order to implement these “best practices,” it is beneficial for boards to undergo an evaluation process to identify areas of potential improvement. Not only will this process strengthen the board, but startupinvestorsandstakeholders take notice of leadership that seeks to consistently grow and improve.

MaryMusacchia, as Managing Director of Center for Board Excellence and of counsel to Whitmeyer Tuffin, suggests these specific benefits of such an evaluation for both the board itself as well as the organization as a whole.

1. Leadership

Corporate governance sets the tone and culture of the firm directly from the top. Leadership roles within the board should be agreed upon and encouraged, and strong leadership demonstrates to the individual directors a commitment to improvement.

2. Role Clarity

Similar to defining leadership, role clarity enables a clear distinction between the roles of the CEO, management and the board. It clarifies director and committee obligations within the board, as well as duties and expectations of individual directors.

3. Teamwork

An essential factor of any effective board, teamwork builds trust between board members and encourages their individual involvement. It also fosters healthy relationships between all parties, including the board, management and the CEO.

4. Accountability

Accountability goes hand-in-hand with responsibility. A board evaluation can focus on and define the responsibility the board has to the stakeholders as well as the responsibilities (and liabilities) of each director to the board itself.

5. Communication

Effective communication not only builds personal relationships between directors, it also maintains and improves a working relationship between the board and the CEO.

Musacchia serves as Managing Director and Chief Legal Counsel for the CenterforBoardExcellence, which specializes in measuring and assessing a board’s leadership performance. She has devoted more than 25 years to managing legal issues for corporate organizations.